FISHING composite image from Inquirer files
MANILA, Philippines 鈥� The waves off the Philippine coast have always provided a lifeline for millions of small-scale fishers. But in recent months, a legal storm has threatened that lifeline.
A controversial Supreme Court First Division ruling issued in August 2024 overturned long-standing protections for municipal waters, allowing commercial fishing vessels to operate within the 15-kilometer zone previously reserved for small-scale fishers.
The decision stemmed from a legal challenge filed by Mercidar Fishing Corp. on October 25, 2023, against fishing restrictions in municipal waters. Less than two months later, the Malabon Regional Trial Court ruled in favor of Mercidar, nullifying municipal control over commercial fishing in the 15-km zone and lifting the ban on commercial fishing in waters shallower than 12.8 meters.
The Supreme Court upheld this decision on August 19, 2024, citing the Office of the Solicitor General鈥檚 (OSG) late appeal.
READ: Petition filed vs SC ruling on big-scale fishing in town waters
Studies indicate that if the ruling stands, municipal fishers could be left with just 2 percent of their traditional fishing grounds, while 98 percent of the country鈥檚 waters would be open to commercial fishing vessels.
With fisheries production at its lowest in two decades, many fear this ruling will accelerate the decline of marine resources and threaten the livelihoods of coastal communities.
Marine resources under threat
For generations, municipal waters 鈥� those extending 15 kilometers from the shoreline 鈥� have been the exclusive domain of small-scale fishers. This preferential access, enshrined in the Fisheries Code of 1998, was designed to ensure the sustainability of marine ecosystems and protect the livelihood of artisanal fishers.
But with the Supreme Court鈥檚 ruling nullifying key provisions of the law, commercial fishing fleets now have legal footing to encroach on these once-protected waters.
Local officials are raising alarm over the ruling鈥檚 environmental and economic impact. Negros Occidental Governor Eugenio Jose Lacson warned that allowing commercial vessels into municipal waters could destroy crab habitats in the Guimaras Strait and Visayan Sea, both vital to the region鈥檚 fishing industry.
In Iloilo, municipal leaders 鈥� including those from Carles, Ajuy, and Estancia 鈥� fear that artisanal fishers, who rely on sustainable fishing practices, will struggle to compete with large commercial fleets.
The decline in fish stocks is already evident. In 2024, fisheries production dropped to 4.05 million metric tons, a 5 percent decrease from 2023 and the lowest in two decades, according to the Philippine Statistics Authority (PSA).
The biggest decline was in marine municipal fisheries, which saw an 8.8 percent drop from 879,960 metric tons in 2023 to 802,770 metric tons in 2024. Meanwhile, commercial fisheries output grew by 4.2 percent to 857,330 metric tons, emphasizing the widening gap between small-scale and large-scale fishers.
READ:
Experts warn that the continued encroachment of commercial fishing vessels into municipal waters will accelerate fish stock depletion, particularly for species such as sardines and anchovies, which are critical to food security and the fishing economy.
Overfishing, habitat destruction, and bycatch could further destabilize marine ecosystems, making it harder for municipal fishers to earn a living.
READ:
LGUs push back
Fearing economic and environmental fallout, LGUs have launched legal and political challenges to the ruling.
All 19 mayors from the League of Municipalities of the Philippines 鈥� Surigao del Sur and the 13 mayors from the Alliance of LGUs along Samar Bays and Channels (ALSBACH) have signed resolutions supporting the Department of Agriculture, the Bureau of Fisheries and Aquatic Resources (BFAR), and the OSG in their bid to reverse the SC decision.
READ:
In Iloilo, the provincial government filed a motion on February 21 to intervene in BFAR鈥檚 appeal for reconsideration. Other municipalities鈥攊ncluding Carles, Oton, Ajuy, Anilao, Barotac Nuevo, Barotac Viejo, Batad, Concepcion, Dumangas, San Dionisio, San Joaquin, Guimbal, Miagao, Tigbauan, and Estancia鈥攈ave also urged President Ferdinand Marcos Jr. to take action to protect small-scale fishers.
Similarly, the municipality of Santa Fe has joined international marine protection group Oceana and civil society groups in a petition filed on January 2 to remand the case to the lower court so affected communities can be recognized as indispensable parties.
The municipality of Sablayan, Occidental Mindoro, led by Mayor Walter Marquez, filed another motion for intervention on January 24, alongside civil society groups and people鈥檚 organizations.
Oceana Acting Vice President Rose-Liza Eisma-Osorio emphasized the significance of LGUs uniting to fight the ruling.
鈥淩ather than compete with each other鈥檚 resources, the local governments opted to collaborate, ultimately benefiting their communities,鈥� she said, adding that their collective effort underscores the importance of municipal waters to the food and livelihood security of coastal communities.
Antique Vice Governor Edgar Denosta has urged the Supreme Court to reconsider, warning that allowing commercial vessels in municipal waters will deplete fish stocks.
In Libertad, Antique, Mayor Mary Jean Te, who also leads the Libertad, Pandan, Sebaste, and Culasi (LIPASECU) Bay-Wide Management Council, emphasized the challenges that small fishers will face if they must compete with large-scale operators.
Meanwhile, Del Carmen officials in Surigao del Norte have echoed the sentiments of municipal fisherfolk, urging the Supreme Court and the President to uphold the preferential rights of small-scale fishers and regulate commercial fishing operations.
鈥淭he legal dispute over commercial fishing in municipal waters continues as LGUs, fisherfolk, and advocacy groups oppose the controversial ruling and seek answers about the statutory authority given to local governments and preferential rights of municipal fisherfolk,鈥� said Osorio.
What鈥檚 at stake?
With motions pending before the Supreme Court, the fate of municipal fisheries remains uncertain. If the ruling stands, commercial fleets will gain unprecedented access to coastal fishing grounds, further pushing thousands of small-scale fishers to the margins. If overturned, it would restore protections that have long been in place to balance economic survival with ecological sustainability.
For now, coastal communities remain resolute. The fishers who have relied on the sea for generations refuse to surrender without a fight.
As the Supreme Court deliberates, the future of the country鈥檚 marine resources 鈥� and the communities that depend on them 鈥� hangs in the balance.
Graphics by Ed Lustan/Inquirer.net. Sources: Bureau of Fisheries and Aquatic Resources, Philippine Statistics Authority, AGHAM, Oceana